$672,000 S.F. Abortion Verdict Is Appealed / Second fetus found after procedure

Published 4:00 am, Wednesday, April 11, 2001

Lawyers for Planned Parenthood Golden Gate are fighting a recent $672,610 verdict in favor of a San Francisco woman who remained pregnant after only one of her twin fetuses was aborted.

A jury reached the verdict in February in favor of a 28-year-old woman, whose name was not revealed in court papers. She accused Planned Parenthood of medical negligence, contending that the agency performed an incomplete abortion and failed to provide adequate follow-up care.

According to court records, the woman went to a Planned Parenthood health center in San Francisco on Dec. 4, 1997, and received an abortion eight weeks into her pregnancy.

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Attorney Christopher Dolan, who represents the woman, said the remaining fetus was discovered when she returned for a pelvic exam on Feb. 18, 1998, and that fetus was removed at another clinic on Feb. 28, 1998. He said in court papers the second fetus was "mangled" and was probably deformed because of the first abortion.

The San Francisco Superior Court jury awarded $650,000 for pain and suffering, although the woman will not receive the full amount. Medical pain and suffering damages in California have been limited to $250,000 since 1975, when the Medical Injury Compensation Reform Act passed.

She also was awarded $22,610 in other damages, including past and future psychiatric care and treatment.

But court papers filed last week show that Planned Parenthood has received a stay on enforcement of the judgment while lawyers appeal the case.

The agency's lawyer and a spokeswoman both declined to talk about the case.

"Because we are appealing, we can't comment on it," said Jana Cunningham, spokeswoman for Planned Parenthood Golden Gate.

Cunningham also wouldn't comment on the effects of any verdict on Planned Parenthood operations but said, "We're known for our high-quality affordable health care and we'll continue to provide that."

Dolan said he's asked Planned Parenthood to pay for his client's psychiatric and medical care during the appeals process, which will probably take at least six months.

"As a matter of human decency, they should pay the $14,500 that everyone agrees . . . she needs for medical care," said Dolan, who said that before taking the case he had no ill will toward Planned Parenthood. "I think they've handled this situation reprehensibly."

In their court papers, attorneys for Planned Parenthood Golden Gate said the agency paid for the second abortion and there were no complications.

While Planned Parenthood appeals, court records show a separate case against the organization is headed for trial in July, filed by another local woman who says she received injuries to her reproductive organs.

That case, filed last April, is still pending in San Francisco Superior Court.

That lawsuit, asking more than $50,000 for alleged negligence that resulted in "loss of internal organs," has been set for trial in July, court records show.

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